U.S. DOL won’t enforce 2024 independent contractor rule, but it’s still the law of the land

Pesticide registration tracking app

On April 18, EPA made enhancements to its MyPest app, which sources say was initially launched in mid-January. EPA is proud to say that MyPest already boasts over 1,200 registrants. The new app allows registrants of pesticide products to:

• Monitor the status of their registration submissions in real-time,
• Drill down to a detailed view of each application, and
• Communicate directly with EPA staff about registration packages in review.

Updates to MyPest include an enhanced dashboard page. The page offers information about the registrant’s cases and products. More updates are planned later this year.

Policy changes impacting two forms

On April 4, EPA announced in the Federal Register the issuance of Pesticide Registration (PR) Notice 2025-1. The notice itself is dated effective March 27, 2025. Its subject line reads, “Revised Procedures for Citing Data to Support Pesticide Registrations (EPA Forms No. 8570-34 and 8570-35).”

The latest PR notice supersedes PR Notice 98-5, dated June 12, 1998. While the revisions were proposed last June, the agency only finalized them now. According to PR Notice 2025-1:

• EPA Form 8570-34 — This is the Certification with Respect to Citation of Data. Pesticide registrants use this form to indicate how they will meet their data submission/citation obligations under the law. When a registrant refers to another company’s data, the registrant must certify that:
  • It offered compensation to the original data submitter, or
  • It has the original data submitter’s permission to cite the data.
• EPA Form 8570-35 — This is the Data Matrix. Pesticide registrants use this form to indicate to whom they made offers of compensation.

The two forms — EPA Forms 8570-34 and 8570-35 — have not been modified. Only policies regarding the submission of the two forms have changed. The agency:

• Eliminated the instruction to use “paper” submissions;
• Says registrants should complete and submit the two forms electronically through the Pesticide Submission Portal;
• Eliminated the instruction that registrants submit two versions of the Data Matrix, i.e., the ‘‘Internal Agency Use Copy’’ and the ‘‘Public File Copy’’; and
• Requires that registrants submit a single Data Matrix without redactions.

EPA contends that none of the information on Form 8570-35 is confidential. Put another way, none of the information on the Data Matrix is protected from public release. Therefore, the agency claims there is no reason to submit two versions of the form.

According to EPA, entities potentially affected by the policy changes include, but are not limited to:

• Crop production,
• Animal production,
• Food manufacturing, and
• Pesticide manufacturing.

Efficiencies and transparencies gained

Using electronic reporting for EPA Forms 8570-34 and 8570-35 brings efficient data transmittal, argues EPA. A bonus is that electronic reporting will also reduce errors. That’s because of automated validation tools in the portal. Submitters should experience lower costs and faster review and transmission of data, the agency adds.

In 2024, EPA received a total of 3,309 Data Matrices. Moving from two versions to just one for the Data Matrix form should save registrants and EPA time. Specifically, completing, submitting, and processing the Data Matrix should be quicker. EPA will also experience time savings when providing the public access to the information. Extra steps under the Freedom of Information Act would not be needed.

The MyPest app update is a step forward in efficiency and transparency, concludes EPA. The app enhancements are part of the agency’s overall move toward digital and streamlined processes. EPA projects that the app will improve the timeliness of pesticide registration decisions.

Key to remember

Recent actions streamline the pesticide registration process and make it more transparent. These actions relate to the MyPest app and EPA Forms 8570-34 and 8570-35.

What does the standard require?

The OSHA First Aid standard (29 CFR 1910.151) requires trained first aid providers at all workplaces of any size if there is no “infirmary, clinic, or hospital in near proximity to the workplace which is used for the treatment of all injured employees.”

In addition to first aid requirements, several OSHA standards also require training in cardiopulmonary resuscitation (CPR) because sudden cardiac arrest from asphyxiation, electrocution, or exertion may occur. These standards include permit-required confined spaces; logging; diving; and electrical power generation, transmission, and distribution.

First aid trained or first responder?

OSHA requires prompt first aid treatment for injured employees, either by providing for the availability of a trained first aid provider at the worksite, or by ensuring that emergency services are within reasonable proximity of the worksite. Whether the first aid provider is a first responder or is first aid trained is up to you and your risk assessment.

Employees considered first aid trained can provide initial treatment to an injured person until more qualified personnel arrive. First aid trained individuals can triage injuries, control the scene to keep others safe, and call for emergency services when needed. Not all first aid trained employees will feel comfortable performing CPR, using an automated external defibrillator (AED), or splinting a broken bone, however.

First responders, though similar in their role, typically have a higher degree of training than first aid trained individuals. Generally speaking, first responders are those that beat the ambulance to the scene such as firefighters or police officers. These responders can perform rescue services or escalate emergency care as needed, such as performing cardiopulmonary resuscitation (CPR) or controlling severe bleeding.

Who is more vital for handling an emergency at your facility? Both! First aid trained employees have process and facility training that first responders may not. For example, they may be more familiar with chemicals on site or process operations. Therefore, they can navigate facilities to reach injured employees quicker to begin initial treatment. First responders, on the other hand, will have a higher level of training for first aid treatment of more complicated injuries.

What’s considered “near proximity”?

OSHA clarifies in a letter of interpretation (LOI) from March 23, 2007, that, “While the first aid standards do not prescribe a number of minutes, OSHA has long interpreted the term ’near proximity’ to mean that emergency care must be available within no more than 3-4 minutes from the workplace. Medical literature establishes that, for serious injuries such as those involving stopped breathing, cardiac arrest, or uncontrolled bleeding, first aid treatment must be provided within the first few minutes to avoid permanent medical impairment or death. Accordingly, in workplaces where serious accidents such as those involving falls, suffocation, electrocution, or amputation are possible, emergency medical services must be available within 3-4 minutes, if there is no employee on the site who is trained to render first aid.”

Regarding work areas, such as offices, where the possibility of such serious work-related injuries is less likely, a longer response time of up to 15 minutes may be reasonable. OSHA gives employers discretion in determining higher risk areas that may need sooner response times.

Employers choosing to rely on assistance from outside emergency responders as an alternative to providing trained responders must ascertain that emergency medical assistance will be promptly available when an injury occurs.

Training requirements

OSHA doesn’t offer first aid or CPR training, nor certify trainers. Training by a nationally recognized organization, such as the American Heart Association or the American Red Cross is recommended. Successful completion of any first aid training program should include instructor observation of acquired hands-on skills and written performance assessments.

Keys to remember

OSHA 1910.151 requires employers to ensure prompt first aid treatment for injured employees, either by providing for the availability of a trained first aid provider at the worksite, or by ensuring that emergency services are within reasonable proximity of the worksite. Employers should consider the workplace, hazards, workforce, and location when determining whether to have first aid trained employees or first responders for medical aid.

The importance of CPR and early defibrillation

For every minute a patient is in cardiac arrest, their chances of survival decrease dramatically. When a patient doesn’t have a pulse and isn’t breathing, CPR should be performed until an AED is available. It’s important to note that CPR alone does not restart the heart. CPR is an oxygen circulation procedure. AEDs, on the other hand, are meant for lifesaving intervention.

CPR and early defibrillation are vital components of the emergency medical services (EMS) chain of survival that increases the odds of cardiac patient survival. However, according to the American Heart Association (AHA), even the best CPR can’t provide enough circulation of oxygen to the brain and heart for more than a few minutes. In fact, a patient whose brain is deprived of oxygen for 10 minutes or more seldom recovers.

Signs and symptoms of cardiac compromise

Just like a reliable vehicle, the circulatory system is the human body’s blood transportation system, and the heart is the engine. Amazingly, the heart generates its own electrical impulses, pumping in a regular, rhythmic manner. As with any engine, the heart requires a certain amount of pressure to function and doesn’t work well when clogged with grease or debris. The most common causes of sudden cardiac arrest include a heart attack, electrocution, and asphyxiation — all of which could occur in the workplace. Common signs and symptoms include:

• Chest pain accompanied by a crushing or squeezing sensation,
• Pain that radiates to the jaw or arm,
• Irregular pulse and/or abnormal blood pressure,
• Shortness of breath,
• Cool and sweaty skin,
• Nausea and vomiting, and
• Anxiety or feeling of impending doom.

CPR provides the pressure for the body’s “engine” to oxygen circulating, while an AED provides the electrical impulses to keep the engine pumping.

OSHA requirements regarding CPR

OSHA 1910.151 requires first aid treatment be provided in the absence of an infirmary, clinic, or hospital in near proximity to the workplace used to treat injured employees. This may include assisting a victim of cardiac arrest using CPR or defibrillation.

OSHA requirements for CPR and defibrillation differ considerably. Standards requiring CPR include:

• 1910.146 Permit-required Confined Spaces
• 1910.266 Appendix B: Logging Operations – First Aid and CPR Training
• 1910.269 Electric Power Generation, Transmission, and Distribution
• 1910.410 Qualifications of Dive Team and
• 1926.950 Construction Subpart V, Power Transmission and Distribution

OSHA recommends basic adult CPR refresher training and retesting every year, and first aid training at least once every three years. CPR training include facilitated discussion along with ’hands-on’ skills training that uses mannequins and partner practice.

OSHA requirements regarding AEDs — you might need a prescription

Though OSHA recognizes AEDs as important lifesaving technology that plays a role in treating cardiac arrest, the agency doesn’t currently require their use in the workplace. Instead, OSHA wants employers to assess their own requirements for AEDs as part of their first aid response.

AEDs are considered Class III medical devices which means the Food and Drug Administration (FDA) has some oversight on their use. Almost all AEDs require the purchaser to obtain a prescription from a physician under FDA regulations. The prescription process is meant as a quality control mechanism to ensure AEDs are properly maintained, that all designated responders are properly trained, and assist employers with establishing an emergency response plan for their workplace AED program.

The AHA requires AED operators to also receive CPR training as an “integral part of providing lifesaving aid to people suffering sudden cardiac arrest.” Though easy to use, each AED is slightly different, so training helps users understand the unique traits and supplies for the individual units at their workplace. Additionally, AED users must be trained to understand the signs of a sudden cardiac arrest, when to activate the EMS system, and how to perform CPR.

AEDs are light, portable, easy to use, and inexpensive. They’re best placed near high-hazard areas such as confined spaces, near electrical energy, or in remote work areas. Response time to reach AEDs should be kept within 3–5-minutes.

Training requirements

Many states require or encourage CPR and AED training from nationally recognized organizations. Any AED training should include CPR training. OSHA doesn’t offer first aid or CPR training, nor certify trainers. Training by a nationally recognized organization, such as AHA, the American Red Cross, or National Safety Council is recommended.

Keys to Remember

While OSHA doesn’t currently require the use of AEDs in the workplace, they do expect employers to assess their own AED requirements as part of their first aid response. AED training is required by most states and should include CPR with a hands-on practical component.

The basics of logging exemptions

To be able to use this logging exemption in 395.1(e)(1), the driver must:

• Stay within 150 air-miles of the work reporting location for the day (draw a 150 air-mile radius circle around the work reporting location for the day — the driver must stay within this circle),
• Be back to — and released from — the work reporting location for his/her 8- or 10-hour break within 14 hours, and
• Include the starting and ending times for the day and the total hours on duty on the time record for the day.

The company must retain the time record and have it available for inspection for six months.

What if the driver goes too far or works too many hours?

If the driver cannot meet the terms of the exemption (he or she goes too far or works too many hours), the driver must complete a regular driver’s log for the day as soon as the exemption no longer applies.

If the driver has had to complete a log 8 or fewer days out of the last 30 days, the driver can use a paper log for the day. If the driver had to complete a log more than 8 days out of the last 30 days, the driver needs to use an electronic log for the day (unless one of the ELD exemptions applies, such as operating a vehicle older than model year 2000).

30-minute break exemption

When a property-carrying driver is operating under the 150 air-mile exemption, the driver is also exempt from having to take the required 30-minute break (see 395.3(a)(3)(ii)).

If the driver began the day as a 150 air-mile driver and has driven more than 8 consecutive hours without a break, and something unexpected happens and the driver can no longer use the 150 air-mile exemption, the driver must stop and immediately take the 30-minute break as well as start logging. If the driver went outside of the 150 air-mile area before the driver had 8 hours of driving without a break from driving, the driver would be expected to take the break at the appropriate time.

Common myths

Here are some of the common myths and misunderstandings about the 150 air-mile exemption:

• The driver must have the time records in the vehicle. Myth. The driver simply needs to explain to an officer during a roadside inspection that he/she does not have logs due to operating under the 150 air-mile exemption and that the required time records are back at the carrier’s office (just telling the officer, “I don’t have any logs” will lead to a violation, so the driver needs to know to provide the full explanation).
• The driver must log the previous seven days if he/she had been using this exemption and suddenly can’t. Myth. If the driver cannot use the exemption on one particular day, that is the only day the driver must use a regular log (either paper or electronic).
• Passenger-carrying drivers and drivers hauling hazardous materials cannot use this exemption. Myth. There are no restrictions on the use of this exemption, so any commercial driver can use it.
• A driver that crosses state lines cannot use this exemption. Myth. As this exemption appears in the Federal Motor Carrier Administration (FMCSA) regulations, it can be used by interstate drivers.
• Only drivers that operate out of a “company terminal” can use the 150 air-mile exemption. Myth. As long as the driver makes it back to the work reporting location for the day within the appropriate number of hours, the driver can use the exemption.
• Drivers that move from one jobsite to another every few weeks cannot use this exemption. Myth. If a driver that normally uses this exemption switches work reporting locations, the day the driver switches work reporting locations is the only day the driver cannot use the exemption.
• Drivers covered by this exemption are also exempt from the driver qualification (licensing and medical cards), driving, and vehicle inspection requirements. Myth. The only rules the driver is exempt from are the logging requirement in 395.8 and the 30-minute break requirement in 395.3.
• The driver cannot drive more than 150 miles for the day. Myth. The driver can drive as many miles as he/she wants to or needs to, as long as the driver stays within the 150 air-mile radius circle and gets back to the work reporting location within the appropriate number of hours.
• If a 150 air-mile driver gets into a vehicle with an ELD, the driver must use it. Myth. The carrier can have the driver log in and have the driver entered into the system as an “exempt driver,” or the carrier can request that the driver not log into the device and then attach a comment to the unassigned driving time generated by the driver’s movements. The comment would need to explain that the driver using the vehicle was a 150 air-mile driver who submitted a time record. It is up to the carrier to decide which option to use. If stopped for a roadside inspection, the driver will need to be able to explain to the inspector that he/she is an exempt driver using the 150 air-mile exemption, so using the electronic log is not required.

What’s different with the ‘150 air-mile non-CDL property-carrying drivers’

The 150 air-mile exemption at 395.1(e)(2) only applies to drivers that: Operate property-carrying vehicles that do not require a CDL to operate, and Stay within the 150 air-miles of their work reporting location.

If the driver stays within the 150 air-mile radius of the work reporting location, and returns to the work reporting location within 14 hours on 5 of the last 7 days, and 16 hours on 2 of the last seven days, the driver is allowed to use a time record in place of a log.

If the driver does not meet the terms of the exception, the driver will need to complete a log for the day. If the driver had to log more than 8 days out of the last 30 days, the driver will need to use an electronic log for the day. All of the other issues discussed above would apply to these drivers as well.

Managing the use

If you have drivers that use these exemptions, you will need to check time records to make sure they are complying with the appropriate time limits. You will also need to check movement records to verify that the drivers using these exemptions are staying within the mandated area (within 150 air-miles of the work reporting location for the day).

If a driver is over the hours limit, or has gone too far, you need to verify that the submitted a log for the day, either paper or electronic, depending on how many days the driver had to log out of the previous 30 days.

Verifying compliance is important

During an audit, if it is discovered that your drivers are using these exemptions incorrectly, you will be cited for not having drivers’ logs when required. Each day this occurred will be another violation, so the fine could be rather large if you are not managing the use of these exemptions!

Reducing potential liability

ADAS technologies like lane departure warnings (LDW), automated cruise control (ACC), and automatic emergency braking (AEB) are expensive but designed to prevent accidents and make collisions less severe. If drivers aren't trained or the systems aren't maintained, it can lead to negligence claims after a crash. To get the most out of ADAS, drivers and technicians need to be trained to avoid misuse and legal issues.

Maintaining system readiness

Conducting regular maintenance checks and requiring drivers to report system defects for immediate repair ensure ADAS works when needed.

A horrific example of when this didn't occur was in 2020. A crash on the Pennsylvania Turnpike involved a motorcoach and two package carriers. There were five deaths and 60 injuries. The motorcoach was speeding and overturned in the roadway ahead of the package carrier vehicles. One package carrier vehicle’s AEB system wasn't working, which could have slowed the vehicle sooner. The National Transportation Safety Board (NTSB) findings stated that drivers should report defects in collision avoidance systems to trigger timely repairs.

Training enhances safety

ADAS technologies are only as good as the drivers operating the equipped vehicles. Having properly trained drivers is a top concern of fleet safety professionals.

The J. J. Keller Customer and Market Insights 2025 State of Fleet Management survey found that 58 percent of respondents chose “How to safely and correctly operate their specific vehicle types” as the most important item in the Driver Knowledge and Skill category. Additionally, under the New Vehicle Technology category in the same survey, the top concern was “Drivers accepting and properly using new vehicle technology” with 43 percent of respondents making that selection.

Proper ADAS training ensures that drivers understand:

• The importance of a working system and reporting defects,
• How to recognize and not overreact to system alerts, and
• How to respond when ADAS actively depowers, brakes, or steers the vehicle.

In April, Nationwide Insurance’s Driving Behaviors 2025 study found that 7 in 10 drivers fear, injury, death, or lawsuits while driving a CMV. Proper training upon assignment to an ADAS-equipped vehicle can significantly reduce driver anxiety and the likelihood of accidents, protecting both the drivers and the public.

Maximizing efficiency

ADAS can enhance fuel efficiency and safety. The use of ACC maintains optimal speeds and safe following distances, and achieves better fuel economy. When drivers are trained to use these features effectively, motor carriers can see a noticeable improvement in fuel efficiency and overall fleet risk performance.

Keys to remember: Training drivers and technicians on ADAS is not just necessary but strategically important for motor carriers. Documented training enhances safety, maximizes efficiency, builds driver confidence, and reduces liability risks.

Using Login.gov

Effective January 1, 2025, Login.gov is solely used for accessing the FMCSA Portal and the URS.

If you have an existing FMCSA Portal account, verify your FMCSA Portal profile, ensuring your portal account's email matches your Login.gov account.

If you haven't registered with Login.gov yet, use your Portal account email for registration.

Online registration updates are back

As of January 20, 2025, FMCSA registration options have been integrated into the FMCSA Portal to enhance security and comply with the presidential mandate for multi-factor authentication (MFA).

Online updates can now be made to:

• File a biennial update (MCS-150),
• File a change of address,
• Reinstate operating authority,
• Reapply for a USDOT number after New Entrant revocation,
• Update cargo tank registration, and
• Update Hazmat Safety Permit (MCS-150B) registration.

If you already have a Login.gov account, you don’t need to create a new one. Use your existing Login.gov account only if it’s not already associated with an FMCSA Portal account. Each FMCSA Portal account type — whether for a company employee, associate of a company, insurance filer, or BOC-3 filer — requires its own unique Login.gov account. You cannot use the same Login.gov account for multiple FMCSA Portal accounts.

Impact on intrastate carriers

The system will still allow intrastate carriers to obtain a USDOT number if their state requires it. Those carriers can apply for a USDOT number as intrastate carriers and go through the same identity verification and business verification processes as other system users. However, FMCSA won’t track or monitor state requirements in the new FMCSA registration system.

Will paper forms still be allowed?

The goal of the new registration system is to transition from a paper-based registration system to a completely online process where common transactions can be completed in minutes. The elimination of paper-based forms is a subject for future rulemaking. Until there’s a regulatory change, FMCSA will continue to accept paper forms. Paper-based requests are expected to take longer to process than those completed online in the new system. The additional time is needed for the agency to manually review, verify, confirm, and process information that otherwise would be conducted automatically and electronically by the system.

Key to remember: Stay up to date with changes as FMCSA simplifies the registration process; streamlines identification; develops a new, user-friendly registration system; and incorporates enhanced verification tools.

3 steps HR might take to help those worried about their 401(k)s

1. Offer financial wellness programming. This might include connecting employees with sources of personal finance information, such as company-sponsored events, online tools, and other information to help them become more financially literate money managers overall. Something as simple as a retirement calculator can help people understand the long-term impact of contributing to a 401(k) account.
2. Lean on your provider. The 401(k) provider for your company has fiduciary responsibilities. Now’s the time for them to show how they add that value to their services by acting as a clear- and level-headed source of information during times of volatility. It can be helpful for employees to hear from advisers who work for your provider, whether in an individual or group setting where employees can ask questions. Access to an adviser might make employees more confident about their retirement savings despite what the market is doing.
3. Be empathetic and supportive. Acknowledge that employees may be feeling anxious about their financial futures, and that they are not alone. Reassure them that historically, volatility has been short-lived, with market conditions stabilizing over time.

Key to remember: Employees may be worried about their 401(k) account balances during times of market volatility and look to HR for help. It’s important to be supportive, and provide education, but leave financial advice to the experts.

The intent of the standard

OSHA’s powered industrial truck (PIT) standard (29 CFR 1910.178) is intended to ensure the safe use of fork trucks, tractors, platform lift trucks, motorized hand trucks, and other specialized industrial trucks powered by electric motors or internal combustion engines. The standard outlines requirements for operational permits and certification.

And, though not specified in the standard itself, PIT operators must be at least 18 years old per federal child labor regulations.

License and certification Q&A

The OSHA PIT standard clearly defines requirements for training and certification. However, some licensing and certification information isn’t as clear. Here are some clarifications:

Q: Who can train, evaluate, and certify PIT operators?

A: OSHA requires in 1910.178(l)(2)(iii) that, “All operator training and evaluation shall be conducted by persons who have the knowledge, training, and experience to train powered industrial truck operators and evaluate their competence.” The OSHA standard doesn’t further define this requirement or set any specific or additional certifications.

Q: Does OSHA require PIT operators to have a valid driver's license?

A: Federal OSHA has no requirement that a forklift operator has a valid motor vehicle driver's license. Some states are more stringent, so check your local and state requirements to confirm.

Q: Does OSHA have regulations that impact an employee’s ability to operate PITs if they’ve received a DUI or suspended license?

A: Because OSHA doesn't require a valid motor vehicle driver's license, the status of that license doesn’t impact PIT operator permitting. Individual states or the employer may have policies that dictate otherwise.

Q: Are PIT drivers required to have their license on them when they are working?

A: Federal OSHA doesn’t require PIT operators to have a license or permit. However, some states such as Michigan do require this. Typically, in states that require a permit or license, the license must be “readily available.” Companies have the option to require the permit or license be carried with the operator.

Q: Are operators required to be trained on each manufacture of PIT model?

A: A June 15, 1999, OSHA letter of interpretation (LOI) clarifies that operators are to be trained and evaluated in the safe operation for the type of truck they’ll be assigned. Operators wouldn’t need additional training for same truck types but would need additional training when truck- or workplace-related training topics are different.

Q: Do PIT operators need to be recertified if they move from one state to another with the same company?

A: In an LOI dated October 1, 1999, OSHA states, "As long as the employer has a reasonable basis to believe that the third-party trainer is qualified and has a program that meets the requirements of the standard, it can rely on that trainer to conduct the training and evaluation of employees and can certify that these employees have been trained. However, the employer may need to provide additional training on site-specific or truck-specific matters." This shouldn’t require retraining for the same type of forklift as already certified; however, workplace conditions or other factors of the new work location may require training for forklift operation in the other state(s).

Operator Impairments

In addition to being properly trained and evaluated, OSHA expects employers to ensure physical capabilities. OSHA references the American National Standards Institute (ANSI) Standard B56.1-1969. Section 6 clarifies that, “Operators of powered industrial trucks shall be physically qualified. An examination should be made on an annual basis and include such things as field of vision, hearing, depth perception, and reaction timing."

Employers should consider OSHA PIT regulations and the General Duty Clause, ANSI standards, and the Americans with Disabilities Act (ADA) requirements when evaluating physical qualifications. In short, if a worker demonstrates the visual, auditory, and mental ability to safely operate PITs, he or she is permitted to operate them.

Keys to Remember

OSHA requires employers ensure the safe use of forklifts and other powered industrial vehicles. Employers must ensure operators have the knowledge, skills, and physical ability to safely operate PITs.

What supervisors need to know: FMLA basics

Supervisors should remember that the FMLA gives eligible employees up to 12 workweeks of unpaid, job-protected leave in a 12-month leave year period for certain qualifying reasons. Supervisors benefit from remembering that:

• Employees might be gone for long or short periods, or have their schedules reduced, even to eliminate overtime, even if the employee’s leave causes hardship.
• After FMLA leave, they must return employees to their position or an equivalent one.
• They must not make employees feel they should not take leave or retaliate against employees because they ask for or take leave.
• They should let someone in HR know when an employee asks for time off for a potentially FMLA-qualifying reason.

Toolbox tip: – What should you do?

This morning, Joe Employee asked you for two weeks off for an upcoming medical procedure. Joe indicated that he would need the leave to begin in about a month.

At the time of Joe’s leave, the department will be at its busiest time of year. Vacations were being denied for that time frame.

You thank Joe for letting you know and tell him you’ll get back to him the next day or so.

What should you do?

1. Try to talk Joe out of taking the leave or postponing it, given the hardship his absence would have on the department.
2. Remind Joe that even vacations were being denied.
3. Contact HR to let them know about Joe’s request, since it could be FMLA leave.
4. Fire Joe and hire someone who won’t need time off.

The best answer is #3. The other responses risk violating Joe’s FMLA rights.

Trying to talk Joe out of the leave or postponing it would have a chilling effect on Joe’s leave request, which courts have seen as interfering with FMLA rights. The same for pointing out that even vacations are being denied.

Firing Joe because he needs time off has a high violation risk, since the FMLA gives employees the right to job-protected leave.

Key to remember: Supervisors might have been trained in the FMLA when they first took on their role, but might have forgotten much of it. Refresher training can help avoid missteps that can risk a violation and a lawsuit.

FMLA certification basics

Employers aren’t required to use certifications, but if they do, the U.S. Department of Labor (DOL) has five different certification forms to use for various FMLA leave situations.

The forms are as follows:

1. Certification of Health Care Provider for Employee's Serious Health Condition,
2. Certification of Health Care Provider for Family Member's Serious Health Condition,
3. Certification of Qualifying Exigency for Military Family Leave,
4. Certification for Serious Injury or Illness of a Current Servicemember for Military Family Leave, and
5. Certification for Serious Injury or Illness of a Veteran for Military Family Leave.

Let’s focus on the first two, as these are the most common ones HR administrators use.

Who can fill out an FMLA certification?

The FMLA regulations describe the person who has the authority to fill out a certification as a “health care provider.” The good news is, the regulations include a lengthy list of medical professionals who fit this role.

Under the FMLA, a health care provider includes:

• A doctor of medicine or osteopathy,
• A podiatrist,
• A dentist,
• A clinical psychologist,
• An optometrist,
• A chiropractor (limited to manual manipulation of the spine as demonstrated by X-ray),
• A nurse practitioner,
• A nurse midwife,
• A clinical social worker,
• A physician assistant,
• A Christian Science practitioner, and
• Any health care provider from whom the employer or the employer's group health plan's benefits manager will accept a medical certification to substantiate a claim for benefits.

To be qualified to fill out FMLA forms, medical professionals must be authorized to practice in the state and perform within the scope of their practice. This means that the provider must be authorized to diagnose and treat physical or mental health conditions.

What about doctors in a foreign country?

If an employee or an employee's family member is visiting another country, or a family member resides in another country, and a serious health condition develops, the employer must accept a medical certification from a health care provider who practices in that country. This includes second and third opinions.

If a medical certification from a foreign health care provider is not in English, the employee may be required to provide a written translation of the certification.

Key to remember: The FMLA regulations spell out which medical professionals can fill out certification forms.

Reactions affect experiences

Arguably, the results pyramid could be a circle because a company’s reactions to results also affect the employees’ experiences. A positive outcome that is met with praise creates an experience that employers hope will encourage desired behaviors in the future. Similarly, a negative outcome that results in discipline creates an experience intended to discourage certain behaviors.

As noted, people usually don’t change their beliefs based on a handful of experiences. Repetition is often necessary, but if that does not change results (like giving repeated warnings), employers should try a different approach. Remember that employee actions are a product of their experiences and beliefs. For related information, see our article, Poor attitude is a symptom, not a cause of non-compliance.

Understanding how management affects that decision-making can help employers attain the desired results. Telling employees what to do attempts to influence their actions, but employees may follow their beliefs rather than their instructions, based on what they think the company expects from them.

A different approach

Recognizing this can help employers focus their communication to change the beliefs that drive employee actions. If employees believe that safety is a lower priority than production, that will impact their decision-making and actions.

Trying to change employee actions by telling them what to do can be effective if the instructions do not contradict their beliefs. For example, providing instruction in areas where employees have no experience (like how to operate a forklift) should be effective. However, if a forklift operator’s future experiences create a belief that speed is a top priority, the operator may take safety shortcuts to get work done faster. At that point, telling the operator to slow down probably won’t be effective because it conflicts with the operator’s experience and beliefs. Only by creating new experiences and changing those beliefs will the operator start to behave differently.

Key to remember: Employees experiences create their perceptions of what they believe their employer expects, and they may ignore instructions that conflict with those experiences.

#1 Start here

First, OSHA requires that all operators must be trained prior to being allowed to operate forklifts. And the same thing goes for pallet trucks, order pickers, and stand-up units…. Any powered type of material handling equipment requires training.

But what does training entail? Well, the OSHA regulations are very specific. All operators must receive a combination of training. Training must consist of formal training, which is a lecture, discussion, interactive computer learning, video tape, written material, and so on.

They must also receive practical training, which means demonstrations performed by the trainer and practical exercises performed by the trainee.

And the third component is that operators must receive a performance evaluation. So, they must operate the equipment and be observed and evaluated before being considered trained per the OSHA standard.

Usually, you’ll introduce the concepts during the classroom portion of training, the more informational aspects, such as the OSHA requirements. Then you’ll use the practical part of training to familiarize trainees with controls, talk about load handling, and so on. With the practical part, it’s usually best to ramp up the training, meaning start with simple skills and then build on those.

#2 Train on these topics

Aside from requirements for how to do the training, OSHA gives us a detailed list of topics to cover during the training.

The main categories are truck-related and workplace-related topics. And remember that OSHA does require you to include information on OSHA’s forklift standard as part of the training program. This requirement can be easy to overlook, but a good way to approach it is in the classroom portion of the program.

Keep in mind that if a topic doesn’t apply to your trucks or workplace, you don’t have to train on it. For example, if you don’t have any ramps or hazardous (classified) locations in your facility, your forklift operators don’t need training on these topics.

Truck-related topics include the following:

• Operation instruction, warnings
• Differences between forklift and automobile
• Controls, instrumentation
• Engine, motor operation
• Steering
• Visibility, restrictions
• Fork, attachment operation
• Capacity
• Stability
• Inspection, maintenance
• Refueling, recharging
• Operating limitations
• Operator’s manual instructions, precautions

Workplace-related topics are examples like these:

• Surfaces
• Load composition
• Load handling
• Pedestrians
• Narrow, restricted areas
• Hazardous (classified) locations
• Ramps
• Poor ventilation
• Other hazards

#3 Determine success

The trainees must successfully complete the formal and practical instruction, but how you determine success is up to you. For the classroom portion, you could give a written or oral test or otherwise evaluate the trainees’ knowledge. For the practical training, the trainee must be able to safely perform all the operations used on the job.

#4 End here

An evaluation of the operator’s performance in the workplace must be conducted at the time of initial training. And an evaluation is required to determine the effectiveness of any refresher training.

Also, you must conduct an evaluation at least every three years. This means that at least once every three years every operator must be observed while they operate in the workplace under actual workplace conditions. During the evaluation, the operator must also be able to answer pertinent questions to demonstrate they have the knowledge to operate the forklift safely.

A key point to note here, this evaluation must be more than just a written or verbal test. The employer must observe the operator in action performing all typical tasks related to running the forklift. And, going back to where we started, the evaluation must be conducted by someone who has the knowledge, training, and experience to evaluate the truck operator’s competence.

Document the evaluation — this means placing a record in your training file that includes the name of the operator, the date of the training, the date of the evaluation, and the identity of the person(s) performing the training or evaluation.

Action item

This may be a good time for you to review your options for training forklift operators to ensure they’re meeting these guidelines. And, it’s always a great idea to have all your training procedures in written format for consistency.

Key to remember

Training forklift operators is an OSHA requirement. Follow this step-by-step guide and you can do it in-house.

What are your responsibilities for teen workers?

OSHA outlines the following employer responsibilities for teen workers:

• Understand and comply with the relevant federal and state child labor laws. At the federal level, this is the Fair Labor Standards Act (FLSA), which is enforced by the Wage and Hour Division (not OSHA!) within the Department of Labor. Federal child labor laws restrict hours and types of work for children under age 18 and set minimum ages for work declared hazardous under the FLSA. States also have child labor laws, and they may be stricter than the federal ones.
• Provide training in safe work practices and hazard recognition prior to beginning work. Training must be in a language and vocabulary that teen workers can understand. It also must include how to report an injury or illness to your company, per 29 CFR 1904.35.
• Provide any required personal protective equipment (PPE) and train on its proper use and care, as well as its limitations.
• Let teens know about the chemical hazards present in their work areas, as required by 29 CFR 1910.1200.
• Ensure that equipment operated by teens is both legal and safe for them to use. Clearly label any equipment that they’re not allowed to operate. Also, it’s a good idea to post signs for work areas they are not allowed to enter.
• Make sure teens know what to do in an emergency, as well as the locations of emergency exits and headcount locations.
• Consider using a mentoring or buddy system for new teen workers. This could be an adult or an experienced teen worker who can answer questions and help the new worker learn the ins and outs of the job.
• Encourage teens to ask questions about tasks or procedures that aren’t clear or understood.
• Explain how to report unsafe conditions to a supervisor or team leader.
• Ensure you have the OSHA poster (per 29 CFR 1903.2) in a conspicuous place(s) where teen employees will see it.

Key to remember: Just like workers in other age demographics, teen workers must be trained to safely perform their assigned tasks prior to beginning work. Training should also include recognition of workplace hazards, what to do if injured or ill, and who to ask if questions or concerns arise.

Maintenance for safety and visibility

Ongoing maintenance ensures that the parking lot remains safe year-round. This includes patching potholes, repainting faded lines and crosswalks, trimming overgrown landscaping, and cleaning up spills and debris. Neglecting these tasks not only increases the likelihood of accidents but also weakens any argument that the employer acted responsibly. In addition, if an OSHA inspector arrives to conduct an inspection and notices poor maintenance outdoors, the inspector may expect similar conditions indoors. Lighting and surveillance are crucial components of a safe parking environment. Proper lighting – especially in corners, walkways, and entrances – not only reduces the chance of injuries but can also discourage criminal activity. Additionally, installing security cameras or scheduling security patrols adds another layer of protection and can be a major tool in establishing root cause or fault in an incident.

Training and reminders

Accidents spike when drivers are confused or lost, diverting their focus from driving. Clear signage and effective traffic flow design play a crucial role in preventing confusion and reducing the likelihood of vehicle accidents. Signs should clearly indicate one-way traffic, designate accessible and emergency parking areas, mark crosswalks, and clearly indicate speed limits. In high-risk zones, employers can further reinforce safety by installing speed bumps or raised walkways to slow traffic and protect pedestrians. Employee education is another key factor. Workers should receive training to stay alert in the parking lot, report any hazards or suspicious activity, and understand any company policies regarding safety escorts or after-hour procedures. Deliver regular reminders rather than waiting for a complaint or near-miss incident in the parking lot. When employees are part of the safety culture, they help prevent incidents and reinforce the organization’s commitment to their well-being. Finally, even with preventive measures in place, accidents can still happen. That is why it is important to have a response plan. This includes establishing an incident reporting procedure, documenting events thoroughly, and maintaining open communication with your employees. The ability to respond quickly and effectively can significantly reduce both the impact of an incident and the legal consequences that could follow.

Keys to remember: Keep parking lots safe with regular maintenance, good lighting, clear signage, and employee awareness. A proactive approach not only prevents accidents but also protects businesses from liability.

Steps to conduct a PPE hazard assessment

1. Find hazards: Look around the workplace to spot any dangers. This includes checking equipment and materials while also reviewing work procedures.
2. Choose the right PPE: After finding the hazards, pick the right protective gear to keep workers safe. Think about the type of hazard and how much protection is needed.
3. Train employees about PPE: Make sure workers know how to use selected PPE correctly. Employers should teach workers how to use, care for, and understand the limits of PPE. Training should cover when PPE is needed, how to put it on and take it off, how to inspect it, and how to keep it clean.
4. Ensure proper fit: PPE must fit each worker properly to be effective. Employers should check that the gear fits well. Poorly fitting PPE can create additional hazards.
5. Verify the assessment: OSHA requires employers to prove they did a hazard assessment. The proof should contain details such as the work area examined, the individual who conducted the assessment, and the date(s) on which it was performed.

Example scenario

Let's walk through each step of a PPE hazard assessment using a hypothetical example of a worker in a manufacturing plant.

In this example, we're assessing workers on an assembly line who operate machinery, handle materials, and perform quality checks.

Step 1: Identify potential hazards

• Mechanical: Moving parts of machinery that could cause cuts or crushing injuries.
• Chemical: Exposure to cleaning agents or lubricants.
• Noise: High levels of noise from machinery.
• Eye: Risk of flying particles during material handling.

Step 2: Select appropriate PPE

Based on the identified hazards above, the following PPE is selected:

• Mechanical: Safety gloves to protect hands from cuts and crush injuries.
• Chemical: Chemical-resistant gloves and aprons to prevent skin contact with harmful substances.
• Noise: Earplugs or earmuffs to protect hearing.
• Eye: Safety goggles to shield eyes from flying particles.

Step 3: Communicate PPE decisions

Inform the workers about the selected PPE:

• Explain why each piece of PPE is necessary.
• Demonstrate how to properly use and wear the PPE.
• Emphasize the importance of using PPE at all times in the designated areas.
• Answer questions and address concerns from workers.

Step 4: Ensure proper fit

Check that the PPE fits each worker correctly:

• Ensure gloves are the right size and provide adequate dexterity.
• Confirm that earplugs or earmuffs fit comfortably and effectively reduce noise.
• Verify that safety goggles fit appropriately and don't obstruct vision.

Step 5: Verify hazard assessment

Document the hazard assessment:

• Work Area Evaluated: Assembly Line
• Person Certifying the Assessment: Safety Manager
• Date of Assessment: May 1, 2025

What does OSHA say?

Under 29 CFR 1910.132, OSHA requires a thorough, documented assessment that effectively will make sure workers have the right equipment to protect them from the hazards they face every day on the job, including:

• 1910.132(d)(1): "The employer shall assess the workplace to determine if hazards are present, or are likely to be present, which necessitate the use of personal protective equipment (PPE)."
• 1910.132(d)(2): "The employer shall verify that the required workplace hazard assessment has been performed through a written certification that identifies the workplace evaluated, the person certifying that the evaluation has been performed, the date(s) of the hazard assessment, and which identifies the document as a certification of hazard assessment."

Key to remember: OSHA requires documented PPE assessments when hazards necessitate its use. By doing thorough assessments, choosing the right PPE, and providing effective training, employers can ensure compliance but, more importantly, keep their workforce safe from job hazards.

An example of half-truths

Let’s take our first aid program for example. When using a free AI tool, I asked it, “What are OSHA’s first aid program requirements?” and only got partial truths that could have resulted in compliance issues and potential citations.

AI advised that, “OSHA doesn’t have a specific “First Aid Program” standard, but their regulations do require employees to provide prompt medical attention under the General Duty Clause of the Occupational Safety and Health Act of 1970.”

Sure, this is partially true that the standard isn’t called a “First Aid Program” and there is a General Duty Clause. However, there is, in fact, an applicable Medical Services and First Aid standard at 29 CFR 1910.151 that this particular search didn’t identify.

Without putting in the proper manual (human) effort of verifying the information, I could have been led astray and missed a lot of key regulatory requirements that are necessary.

Putting in that extra bit of effort

AI can be incredibly helpful, but it’s not human. It can’t replace the experience and decision-making process we humans provide. The information or analytics put out is completely dependent not only on what information is initially put in (by humans), but also on how we develop the prompts telling AI what to look for.

For the above example, by changing my prompt from “what are OSHA’s first aid requirements” to “OSHA first aid standard,” I was finally provided information on 1910.151 that includes:

• "1910.151(a) - The employer shall ensure the ready availability of medical personnel for advice and consultation on matters of plant health.
• 1910.151(b) - In the absence of an infirmary, clinic, or hospital in near proximity to the workplace which is used for the treatment of all injured employees, a person or persons shall be adequately trained to render first aid. Adequate first aid supplies shall be readily available.
• 1910.151(c) - Where the eyes or body of any person may be exposed to injurious corrosive materials, suitable facilities for quick drenching or flushing of the eyes and body shall be provided within the work area for immediate emergency use.”

When you see the word “shall” in any standard, the employer doesn’t have a choice — it must be done and if not, could be cited. So, without putting in the extra effort to do more AI searching and regulatory comparison, I may have missed these requirements, costing the company money in non-compliance, but more concerning, potentially causing serious injury to an employee.

Keep AI in check

To avoid First Aid and other program citations, we must keep AI in check by doing our homework to ensure the information is accurate. This can be done in various ways:

• Search using multiple AI tools and cross-reference the information;
• Compare information kicked out by AI with actual regulatory standards;
• Double check with the Federal Register to ensure the most up to date information is provided in the results; and
• Evaluate if information hasn’t been manipulated by potential hackers or other nefarious characters.

Keys to remember: AI output is only as good as the human-entered information it is searching and interpreting. Users must verify regulatory information to avoid potential citations for program non-compliance.